Partijen en gegevens

The Embassy of Romania to the Kingdom of Belgium presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and with reference to the Verbal Note of the Embassy of the Kingdom of Belgium in Bucharest no. B1/183/ of March 1, 2017 concerning the receipt of the instrument of accession from the so-called Republic of Kosovo to the Convention Establishing a Customs Cooperation Council has the honour to state to following:

Romania considers that in the current case the Ministry of Foreign Affairs of the Kingdom of Belgium has not acted impartially and within the limits of the competences of the depositary of the treaty.

Considering that the said convention is open to the accession of States or separate custom territories, and that the statehood of Kosovo is not recognized by a number of States Parties to the convention (nor does it meet the criteria for separate custom territory), the Ministry of Foreign Affairs of the Kingdom of Belgium should have not accepted the deposit of the instrument and should have referred the matter for decision to the Council of the World Customs Organization. Such an approach would have been consistent with the normal practice in cases where the statehood of an entity which seeks accession to a multilateral treaty is in doubt, and it was also followed by the Ministry of Foreign Affairs of the Kingdom of Belgium on the occasion of the previous attempt by Kosovo to become a party to the Convention.

The Embassy of Romania kindly requires the Ministry of Foreign Affairs to seize the Council of the World Customs Organization with the issue of the deposit of the instrument of accession by Kosovo and to refrain from any notification or other demarches which might prejudge the settlement of the issue.

Romania considers that the so-called Republic of Kosovo does not meet the criteria for statehood under international law and therefore, even if Kosovo accedes eventually to the Convention, such accession cannot create any treaty relationship between Romania and Kosovo, and cannot modify in any way the position of Romania on the status of Kosovo.

The Embassy of Romania to the Kingdom of Belgium avails itself of this opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurances of its highest consideration.

The United States of America accepts the obligations of Article XIII of the Convention and the annex to the Convention only to the extent the United States of America generally accords privileges and immunities to designated public international organizations under its law.

‛ … I have the honour to inform you that through the accession of the German Democratic Republic to the Federal Republic of Germany with effect from 3 October 1990, the two German states have united to form one sovereign state, which as a single member of the Customs Co-operation Council remains bound by the provisions of the Convention establishing the Customs Co-operation Council. As from the date of unification, the Federal Republic of Germany will act in the Customs Co-operation Council under the name of ‘Germany’. ’

The Government of the Union of Soviet Socialist Republics declares that the provisions of paragraph 'a' (ii) and of paragraph 'b' of Article II of the Convention dealing with membership of the Council of the Governments of the customs territories for whose external relations the Contracting Parties are responsible, have become obsolete and are contrary to the Declaration of the General Assembly of the United Nations Organization of the granting of independence to colonial countries and peoples (resolution 1514 /XV/ of 14 december 1960).

The Embassy of the Russian Federation presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and, referring to the verbal note J4/JU/Cir.1788-S.7094/ JUR.05.11.02/2017 dated 25 January 2017, which the Federal Public Service communicated in its capacity as Depositary of the Convention on the establishment of a Customs Cooperation Council, signed in Brussels on 15 December 1950, has the honour to inform you of the following.

In accordance with Article XVIII of the Convention, only States may accede to the Convention. The Russian Federation, taking into account, inter alia, Resolution 1244 (1999) of the United Nations Security Council, does not recognise Kosovo as a State. As such, it considers that the relevant provisions of the Convention, including those relating to the legal consequences of depositing instruments of ratification by acceding States, as well as the standards of customary international law related thereto, are not applicable to the "instrument of accession" of the territorial unit in question.

In light of the above, the Russian Federation does not consider itself bound by the Convention with regards to the territorial unit in question.

Similarly, the Russian Federation sees no reason for the Depositary to have accepted and notified the notice of "accession" to the Convention of the territorial unit referred to, under the terms of Article XVIII, and considers as unfounded the assertion laid down in the above-mentioned Note that this international act can enter into force with respect to the territorial unit In question.

The Embassy, referring to paragraph 2 of Article 76 of the Vienna Convention on the Law of Treaties (1969), has the honour of reminding the Federal Public Service that the functions of the depositary of a treaty are international in character and the Depositary is under an obligation to act impartially in their performance.

The Embassy assumes that the Federal Public Service is fully aware of the fact that the region of Kosovo is not recognised by several States, including the Contracting Parties to the Convention, as well as the resolution of the United Nations Security Council 1244 (1999), which reaffirms ‘the commitment of all Member States to the territorial integrity of the Federal Republic of Yugoslavia’.

In light of the above, the Embassy calls on the Federal Public Service to perform its functions as the Depositary of an international convention impartially and conscientiously with regards to the international and impartial character of these functions.

Furthermore, the Embassy expresses its dismay at the delay with which the Depositary informed the Contracting Parties and the World Customs Organisation that it had received the "instrument of accession" of the territorial unit in question. The Russian Party hopes that any subsequent communication of documents, notifications and announcements pertaining to the Convention will be performed by the Depositary in a timely manner.

Pursuant to paragraph 1 f) of Article 77 of the Vienna Convention on the Law of Treaties (1969), the Embassy requests the Federal Public Service to inform the Contracting Parties to the Convention establishing a Customs Cooperation Council, and the States entitled to become Parties to the latter, as well as the World Customs Organisation, of the position of the Russian Federation hereby stated.

The Embassy of the Russian Federation avails itself of this opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation the assurance of its highest consideration.

The Embassy of Israel presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of Belgium, in the capacity of the Belgian Government as depositary to the Convention Establishing a Customs Co-operation Council and Annex and refers to the communication by the depositary, dated March 24, 2015, regarding the Palestinian request to accede to this Convention (Reference Number J4/CD/Cir.l737-S5179/JUR.05.il.02/2015).

'Palestine' does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid Convention both under general international law and the terms of bilateral Israeli-Palestinian agreements.

The Government of Israel does not recognize 'Palestine' as a State, and wishes to place on record, for the sake of clarity, its position that it does not consider 'Palestine' a party to the Convention and regards the Palestinian request for accession as being without legal validity and without effect upon Israel's treaty relations under the Convention.

The Embassy of the United States of America presents its compliments to the Ministry of Federal Public Service, Foreign Affairs, Foreign Trade and Development of the Kingdom of Belgium and refers to the Ministry's depositary notice J4/CD/Cir.l737-S5179/JUR.05.11.02/2015, dated March 24, 2015, regarding the purported accession of the ‘State of Palestine’ to the Convention Establishing a Customs Co-operation Council, done at Brussels December 15, 1950 (the Convention), for which Belgium is the depositary. The Government of the United States of America does not believe the ‘State of Palestine’ qualifies as a sovereign State and does not recognize it as such. Accession to the Convention is limited to sovereign States. Therefore, the Government of the United States of America believes that the ‘State of Palestine’ is not qualified to accede to the Convention and affirms that it will not consider itself to be in a treaty relationship with the ‘State of Palestine’ under the Convention.

The Embassy of the Argentine Republic presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation and refers to the deposit of an instrument of accession to the ‘Convention Establishing a customs co-operation Council’ by the territory of Kosovo.

The Argentine Republic upholds the validity of resolution 1244 (1999) of the Security Council and the principle of territorial integrity. For that reason, it does not recognize Kosovo as a State. Accordingly, since Kosovo is not an independent state, it cannot adhere to the Convention because it does not meet the requirements set forth in Article XVIII of such Convention.

Argentina therefore objects to the accession process pursued by Kosovo, considering that the provisions of the Convention Establishing a custom co-operation Council will not apply to or bind Argentina in respect of Kosovo.

It should be noted that the role of Depositaries is regulated by the Vienna Convention on the Law of Treaties. In particular, Article 76 para. 2 sets forth the obligation for Depositaries to act impartially in the performance of their functions. In that vein, it should be recalled that the matter has already been dealt with and settled within the Council as a result of the debates held in 2011 and 2012. In fact, as can be observed in the Minutes of the 119th and 120th Sessions of the Council, ‘this matter should not appear on the Policy Commission or Council Agenda again until there was tangible progress, or some other specific reason that warranted its being taken up again.’ (Doc. SC0122E1a para 282).

In this context, the Argentine Republic draws the attention of the Ministry of Foreign Affairs of the Kingdom of Belgium that the accession of Kosovo to the Convention not only fails to comply with the requirements of Article XVIII of the abovementioned Convention, but also would be a negative precedent with respect to the Convention and to other multilateral treaties requiring compliance with the requirement of statehood to become a Party thereto.

Besides, it would have a negative impact for the ongoing work of the Council itself if the decisions therein taken are not respected.

Based on the foregoing, the Argentine Republic requests the Ministry of Foreign Affairs of the Kingdom of Belgium, in its capacity as Depository, to provide no further treatment to Kosovo's instrument of accession to the Convention Establishing a customs co-operation Council, and consider it as not received.

The Embassy of the Argentine Republic avails itself of this opportunity to renew to the Ministry of Foreign Affairs and International Development the assurances of its highest consideration.

The Embassy of the Republic of Belarus to the Kingdom of Belgium presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and, with reference to its notification J4/JU/Cir.1788-S.7094/JUR.05.11.02/2017 of January 25, 2017 concerning the action taken by Kosovo with regard to the Convention Establishing a Customs Cooperation Council, and Annex, done at Brussels on 15 December 1950 (the Convention), and with reference to an updated annex to the Convention submitted, has the honour to inform about the following.

The Belarusian Side takes note of the abovementioned notification.

The Belarusian Side notes the lack of consensus among the States Parties to the Convention on this issue.

The Belarusian Side would like to recall that it does not recognize Kosovo as an independent State and the continuing participation of the Republic of Belarus in the Convention is without any prejudice to this position.

The Embassy of the Republic of Belarus avails itself of this opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurances of its highest consideration.

The Embassy of the Republic of Chile presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation, Directorate-general Bilateral Affairs, Direction Latin America and the Caribbean, and has the honour of referring to the Note N° 00018 of the Embassy of the Kingdom of Belgium to Chile dated 7 March 2017, in which it informs the Ministry of Foreign Affairs of Chile, Treaties Department, that it has received the instrument of accession of the Republic of Kosovo to the Convention establishing a Customs Co-operation Council and annex, signed in Brussels on 15 December 1950.

In this regard, the Embassy of Chile wishes to inform the Federal Public Service Foreign Affairs of Belgium that the Government of Chile declares that Kosovo does not have the status of State under international law and expresses its refusal to recognize it as such. Consequently there are no contractual relations between the Government of Chile and Kosovo in the framework of this Convention.

The Embassy of the Republic of Chile would like to thank the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation, Directorate-general Bilateral Affairs, Direction Latin America and the Caribbean, for sending this Note to the relevant authorities, and avails itself of this opportunity to renew the assurance of its highest consideration.

The Ministry of Foreign Affairs presents its compliments to the Honourable Embassy of the Kingdom of Belgium and referring to the latter's Verbal Note N°17/0117, dated 12 April 2017, concerning the Convention Establishing a Customs Cooperation Council and Annex, done at Brussels on 15 December 1950, has the honour to inform that, in conformity with the Vienna Convention on the Law of Treaties and the international provisions with regard to the recognition of States, the notification in reference has no legal value on behalf of the Republic of Cuba as it does not recognize the ‘Republic of Kosovo’ as a subject of International Law.

The Ministry of Foreign Affairs avails itself of the opportunity to renew to the Honourable Embassy of the Kingdom of Belgium the assurances of its distinguished consideration.

The Ministry of Foreign Affairs of Georgia presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and referring to the 1950 Convention Establishing a Customs Co-operation Council has the honor to inform the following:

The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium by its notification of January 25, 2017, informed the Contracting Parties on the accession of Kosovo to the above-mentioned Convention. As stated in the notification, according to paragraph (c) of the Article 18[lees: XVIII], the Convention entered into force for Kosovo on the date of the deposit of its instrument of accession, on January 25, 2017.

According to paragraph (a) of Article 18[lees: XVIII] of the Convention, the Government of any State which is not a signatory to the present Convention may accede thereto. Georgia, as well as many other States, does not recognize Kosovo as an independent state. Furthermore, Kosovo is not a member state of the UN.

Hence, Georgia considers that the accession of Kosovo to the above-mentioned convention has no legal validity including in the context of Georgia's treaty relations with Kosovo under this convention. Moreover, it has to be noted that the accession of Kosovo contradicts to the decision of 119h/120th Customs Cooperation Council's Session when it appeared impossible to reach consensus on the receipt of Kosovo's instrument of accession.

Georgia does not recognize that the depositary has the power to undertake actions under the Convention, the treaty practice or public international law that may be construed as direct or implied qualification of entities as states.

Georgia pursuing its state interests, considers unacceptable and dangerous adoption of such a practice.

Georgia reiterates that it does not recognize Kosovo as an independent state and requests the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium to notify all contracting parties of the Convention Establishing a Customs Co-operation Council of Georgia's position on the above issue.

The Ministry of Foreign Affairs of Georgia avails itself of this opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurances of its highest consideration.

The Ministry of Foreign Affairs, Regional Integration and International Trade of the Republic of Mauritius presents its compliments to the Embassy of the Kingdom of Belgium in Dar-es-Salaam and has the honour to refer to the Embassy's Note Verbale (J4/2017/083/17) dated 27 March 2017 regarding the accession by Kosovo to the ‘Convention Establishing a Customs Cooperation Council and Annex, Done at Brussels on 15 December 1950’ of which the Belgian Government is the depository.

The Ministry wishes to apprise the esteemed Embassy of the Kingdom of Belgium that the Republic of Mauritius does not recognise Kosovo as an independent State in line with the UN Security Council Resolution 1244 (1999). The accession of Kosovo to the Convention is without prejudice to the position of Mauritius on the recognition of the status of Kosovo and can, in no case, influence the policy of the Government of Mauritius in this regard.

The Ministry would appreciate it if the esteemed Embassy could apprise the relevant authorities accordingly.

The Ministry of Foreign Affairs, Regional Integration and International Trade of the Republic of Mauritius avails itself of this opportunity to renew to the Embassy of the Kingdom of Belgium the assurances of its highest consideration.

The Embassy of the Republic of Mauritius presents its compliments to the federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium in its capacity of Depositary of the Convention Establishing a Customs Cooperation Council signed in Brussel on 15 December 1950 and has the honour to refer to the request of Kosovo to accede to the said Convention and become a member of the World Customs Organisation (WCO) and to inform as follows:

In accordance with Article XVII of the Convention, only States may accede to the Convention. In this respect and is the case for many States which are Party to the Convention, the Governement of the Republic of Mauritius in accordance with, inter alia, Resolution 1244 (1999) of the United Nations Security Council, does not recognise Kosovo as an independent and sovereign state.

In view thereof, the Governement of the Republic of Mauritius hereby submits its official objection to Kosovo acceding to the Convention. Furthermore, any purported accession of Kosovo to the convention or any activity or decision under the Convention involving or with respect to Kosovo shall be without prejudice to the position of the Republic of Mauritius concerning the status of Kosovo and cannot imply or be construed as implying recognition by the Republic of Mauritius of Kosovo as an independent and sovereign State.

The Government of the Republic of Mauritius further affirms that in the event of any purported accession of Kosovo to the Convention, it will not consider itself to be in a treaty relationship with Kosovo under the Convention.

The Embassy of the Republic of Mauritius requests the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation, as Depository for the Convention Establishing a Customs Cooperation Council, to transmit this Note to all State Parties to the Convention and to the Secretary-General of the World Customs Organisation.

The Embassy of the Republic of Mauritius avails itself of this opportunity to renew to the Federal Public Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurance of its highest consideration.

The Ministry of Foreign Affairs of the Republic of Azerbaijan presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and has the honour to notify the Belgian Government, in its capacity as depositary of the Convention Establishing a Customs Co-operation Council, on the following position of the Republic of Azerbaijan.

The Republic of Azerbaijan raises objection to the accession of Kosovo to the Convention Establishing a Customs Co-operation Council of 15 December 1950 by virtue of the fact that the Republic of Azerbaijan does not recognise the mentioned entity as an independent state. Therefore, the Convention will not enter into force between the Republic of Azerbaijan and the mentioned entity.

The Republic of Azerbaijan is also of the position that the depositary of the Convention does not possess the authority to qualify any such entity as a state for the purposes of the Convention, and notification of 25 January 2017 shall not be interpreted as an act granting such competence to the depositary.

The Ministry avails itself of this opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of Belgium the assurances of its highest consideration.